AN ACT Relating to motor vehicle standards; and amending RCW 46.44.030, 46.44.037, 46.44.041, 46.44.042, 46.44.0941, and 46.44.105.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 46.44.030, chapter 12, Laws of 1961 as last amended by section 1, chapter 104, Laws of 1984 and RCW 46.44.030 are each amended to read as follows:

It is unlawful for any person to operate upon the public highways of this state any vehicle other than a municipal transit vehicle having an overall length, with or without load, in excess of forty feet: PROVIDED, That an auto stage or school bus shall not exceed an overall length, inclusive of front and rear bumpers, of forty feet: PROVIDED FURTHER, That the route of any auto stage in excess of thirty-five feet or school bus in excess of thirty-six feet six inches upon or across the public highways shall be limited as determined by the department of transportation for state highways, or by the local legislative authority for other public roads.

It is unlawful for any person to operate on the highways of this state any combination of vehicles that contains a vehicle of which the permanent structure is in excess of forty-eight feet.

It is unlawful for any person to operate upon the public highways of this state any combination consisting of a tractor and semitrailer that has a semitrailer length in excess of forty-eight feet or a combination consisting of a tractor and two trailers in which the combined length of the trailers exceeds ((~~fifty-nine~~)) sixty feet.

It is unlawful for any person to operate on the highways of this state any combination consisting of a truck and trailer with an overall length, with or without load, in excess of ((~~sixty-five~~)) seventy-five feet((~~, or a combination consisting of a tractor and a stinger steered semitrailer that has an overall length in excess of sixty-five feet without load or in excess of seventy feet with load.~~

"Stinger steered" as used in this section means a tractor and semitrailer combination that has the coupling connecting the semitrailer to the tractor located to the rear of the center line of the rear axle of the tractor)).

These length limitations do not apply to vehicles transporting poles, pipe, machinery, or other objects of a structural nature that cannot be dismembered and operated by a public utility when required for emergency repair of public service facilities or properties, but in respect to night transportation every such vehicle and load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load.

The length limitations described in this section are exclusive of safety and energy conservation devices, such as mud flaps and splash and spray suppressant devices, refrigeration units or air compressors, and other devices that the department determines to be necessary for safe and efficient operation of commercial vehicles. No device excluded under this paragraph from the limitations of this section may have, by its design or use, the capability to carry cargo.

Sec. 2. Section 46.44.037, chapter 12, Laws of 1961 as last amended by section 53, chapter 7, Laws of 1984 and RCW 46.44.037 are each amended to read as follows:

Notwithstanding the provisions of RCW 46.44.036 and subject to such rules and regulations governing their operation as may be adopted by the state department of transportation, operation of the following combinations is lawful:

(1) A combination consisting of a truck tractor, a semitrailer, and another semitrailer or a full trailer. In this ((~~connection~~)) combination a converter gear used to convert a semitrailer into a full trailer shall be considered to be a part of the full trailer and not a separate vehicle. A converter gear being pulled without load and not used to convert a semitrailer into a full trailer may be substituted in lieu of a full trailer or a semitrailer in any lawful combination;

(2) A combination consisting of three trucks or truck tractors used in driveaway service where two of the vehicles are towed by the third in double saddlemount position;

(3) A combination consisting of a truck tractor carrying a freight compartment no longer than eight feet, a semitrailer, and another semitrailer or full trailer that meets the legal length requirement for a truck and trailer combination set forth in RCW 46.44.030.

Sec. 3. Section 22, chapter 64, Laws of 1975-'76 2nd ex. sess. as amended by section 2, chapter 81, Laws of 1977 and RCW 46.44.041 are each amended to read as follows:

No vehicle or combination of vehicles shall operate upon the public highways of this state with a gross load on any single axle in excess of twenty thousand pounds, or upon any group of axles in excess of that set forth in the following table, except that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each, if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more.

@m1@h0@lb!tm7,6,6,6,6,6,7,7,7 !tc((

~~Dis-~~

!tc~~tance~~

!tc~~in!sc ,001feet !tj3!tcMaximum!sc ,001load!sc ,001in!sc ,001pounds~~

!tc~~between !tj3!tccarried!sc ,001on!sc ,001any!sc ,001group!sc ,001of!sc ,0012~~

!tc~~the!sc ,001ex- !tj3!tcor!sc ,001more!sc ,001consecutive!sc ,001axles~~

!tc~~tremes~~

!tc~~of!sc ,001any !tj3!tc*(Maximum!sc ,001load!sc ,001in!sc ,001pounds!sc ,001carried~~

!tc~~group !tj3!tcon!sc ,001any!sc ,001group!sc ,001of!sc ,0012!sc ,001consecutive~~

!tc~~of!sc ,0012 !tj3!tcsets!sc ,001of!sc ,001tandem!sc ,001axles)~~

!tc~~or!sc ,001more~~

!tc~~consecu- !ss144!w_~~

!tc~~tive!tc2!tc3!tc4!tc5!tc6!tc7!tc8!tc9~~

!tc~~ax!ttles!tcaxles!tt!tcaxles!tt!tcaxles!tt!tcaxles!tt!tcaxles!tt!tcaxles!tt!tcaxles!tt!tcaxles!tt~~

@la@h1 !tc~~4!tr34,000~~

!tc~~5!tr34,000~~

!tc~~6!tr34,000~~

!tc~~7!tr34,000~~

!tc~~8!tr34,000!tr36,500~~

!tc~~9!tr39,000!tr38,000~~

!tc~~10!tr40,000!tr39,500~~

!tc~~11!tj1!tr41,000~~

!tc~~12!tj1!tr42,500!tr42,500~~

!tc~~13!tj1!tr44,000!tr44,000~~

!tc~~14!tj1!tr45,500!tr45,500~~

!tc~~15!tj1!tr47,000!tr47,000~~

!tc~~16!tj1!tr48,000!tr48,000!tr48,000~~

!tc~~17!tj1!tr48,500!tr48,500!tr49,000~~

!tc~~18!tj1!tr49,500!tr49,500!tr50,000~~

!tc~~19!tj1!tr50,000!tr50,000!tr51,000~~

!tc~~20!tj1!tr51,000!tr51,000!tr52,000!tr52,000~~

!tj3!tr55,500)*

!tc~~21!tj1!tr51,500!tr51,500!tr53,000!tr53,000~~

!tj3!tr56,000)*

!tc~~22!tj1!tr52,500!tr52,500!tr54,000!tr54,000~~

!tj3!tr56,500)*

!tc~~23!tj1!tr53,000!tr53,000!tr55,000!tr55,000~~

!tj3!tr57,500)*

!tc~~24!tj1!tr54,000!tr54,000!tr55,500!tr56,000!tr56,000~~

!tj3!tr58,000)*

!tc~~25!tj1!tr54,500!tr55,000!tr56,500!tr57,000!tr57,000~~

!tj3!tr58,500)*

!tc~~26!tj1!tr55,500!tr56,000!tr57,500!tr58,000!tr58,000~~

!tj3!tr59,500)*

!tc~~27!tj1!tr56,000!tr57,000!tr58,500!tr59,000!tr59,000~~

!tj3!tr60,000)*

!tc~~28!tj1!tr57,000!tr58,000!tr60,000!tr60,000!tr60,000!tr60,000~~

!tj3!tr60,500)*

!tc~~29!tj1!tr57,500!tr59,000!tr60,500!tr61,000!tr61,000!tr61,000~~

!tj3!tr61,500)*

!tc~~30!tj1!tr58,500!tr59,000!tr61,500!tr62,000!tr62,000!tr62,000~~

!tj3!tr62,000)*

!tc~~31!tj1!tr59,000!tr60,500!tr62,500!tr63,000!tr63,000!tr63,000~~

!tj3!tr62,500)*

!tc~~32!tj1!tr60,000!tr61,500!tr63,500!tr64,000!tr64,000!tr64,000!tr64,000~~

!tj3!tr63,500)*

!tc~~33!tj2!tr62,500!tr64,500!tr65,000!tr65,000!tr65,000!tr65,000~~

!tj3!tr64,000)*

!tc~~34!tj2!tr63,500!tr65,000!tr66,500!tr66,500!tr66,500!tr66,500~~

!tj3!tr64,500)*

!tc~~35!tj2!tr64,500!tr66,500!tr67,500!tr67,500!tr67,500!tr67,500~~

!tj3!tr65,500)*

!tc~~36!tj2!tr65,500!tr67,500!tr68,500!tr68,500!tr68,500!tr68,500~~

!tj3!tr68,000)*

!tc~~37!tj2!tr66,500!tr68,500!tr69,500!tr69,500!tr69,500!tr69,500~~

!tc~~38!tj2!tr67,500!tr69,000!tr70,500!tr70,500!tr70,500!tr70,500~~

!tc~~39!tj2!tr68,000!tr70,000!tr71,500!tr71,500!tr71,500!tr71,500~~

!tc~~40!tj2!tr68,500!tr71,000!tr72,500!tr72,500!tr72,500!tr72,500~~

!tc~~41!tj2!tr69,500!tr72,000!tr73,500!tr73,500!tr73,500!tr73,500~~

!tc~~42!tj2!tr70,000!tr73,000!tr74,500!tr74,500!tr74,500!tr74,500~~

!tc~~43!tj2!tr70,500!tr74,000!tr75,500!tr75,500!tr75,500!tr75,500~~

!tc~~44!tj2!tr71,500!tr75,000!tr76,500!tr76,500!tr76,500!tr76,500~~

!tc~~45!tj2!tr72,000!tr76,000!tr78,000!tr78,000!tr78,000!tr78,000~~

!tc~~46!tj2!tr72,500!tr76,500!tr79,000!tr79,000!tr79,000!tr79,000~~

!tc~~47!tj2!tr73,500!tr77,500!tr80,000!tr80,000!tr80,000!tr80,000~~

!tc~~48!tj2!tr74,000!tr78,000!tr81,000!tr81,000!tr81,000!tr81,000~~

!tc~~49!tj2!tr74,500!tr78,500!tr82,000!tr82,000!tr82,000!tr82,000~~

!tc~~50!tj2!tr75,500!tr79,000!tr83,000!tr83,000!tr83,000!tr83,000~~

!tc~~51!tj2!tr76,000!tr80,000!tr84,000!tr84,000!tr84,000!tr84,000~~

!tc~~52!tj2!tr76,500!tr80,500!tr85,000!tr85,000!tr85,000!tr85,000~~

!tc~~53!tj2!tr77,500!tr81,000!tr86,000!tr86,000!tr87,000!tr87,000~~

!tc~~54!tj2!tr78,000!tr81,500!tr86,500!tr87,500!tr89,000!tr89,000~~

!tc~~55!tj2!tr78,500!tr82,500!tr87,000!tr88,000!tr91,000!tr91,000~~

!tc~~56!tj2!tr79,500!tr83,000!tr87,500!tr90,000!tr93,000!tr93,000~~

!tc~~57!tj2!tr80,000!tr83,500!tr88,000!tr91,000!tr95,000!tr95,000~~

!tc~~58!tj3!tr84,000!tr89,000!tr92,500!tr97,000!tr97,000~~

!tc~~59!tj3!tr85,000!tr89,500!tr93,500!tr99,000!tr99,000~~

!tc~~60!tj3!tr85,500!tr90,000!tr95,000!tr100,500!tr100,500~~

!tc~~61!tj3!tr86,000!tr90,500!tr95,500!tr101,000!tr102,500~~

!tc~~62!tj3!tr86,500!tr91,000!tr96,000!tr101,500!tr104,000~~

!tc~~63!tj3!tr87,500!tr92,000!tr96,500!tr102,000!tr105,500~~

!tc~~64!tj3!tr88,000!tr92,500!tr97,000!tr102,500!tr105,500~~

!tc~~65!tj3!tr88,500!tr93,000!tr98,000!tr103,000!tr105,500~~

!tc~~66!tj3!tr89,000!tr93,500!tr98,500!tr103,500!tr105,500~~

!tc~~67!tj3!tr90,000!tr94,000!tr99,000!tr104,000!tr105,500~~

!tc~~68!tj3!tr90,500!tr94,500!tr99,500!tr104,500!tr105,500~~

!tc~~69!tj3!tr91,000!tr95,500!tr100,000!tr105,500!tr105,500~~

!tc~~70!tj3!tr91,500!tr96,000!tr101,000!tr105,500!tr105,500~~))

!te@h3@m2 @m1@h0@lb!tm7,6,6,6,6,6,7,7,7 !tc

Dis-

!tctance

!tcin!sc ,001feet !tj3!tcMaximum!sc ,001load!sc ,001in!sc ,001pounds

!tcbetween !tj3!tccarried!sc ,001on!sc ,001any!sc ,001group!sc ,001of!sc ,0012

!tcthe!sc ,001ex- !tj3!tcor!sc ,001more!sc ,001consecutive!sc ,001axles

!tctremes

!tcof!sc ,001any

!tcgroup

!tcof!sc ,0012

!tcor!sc ,001more

!tcconsecu- !ss144!w_

!tctive!tc2!tc3!tc4!tc5!tc6!tc7!tc8!tc9

!tcax!ttles!tcaxles!tt!tcaxles!tt!tcaxles!tt!tcaxles!tt!tcaxles!tt!tcaxles!tt!tcaxles!tt!tcaxles!tt

@la@h1 !tc4!tr34,000

!tc5!tr34,000

!tc6!tr34,000

!tc7!tr34,000

!tc8!tr34,000!tr42,000

!tc9!tr39,000!tr42,500

!tc10!tr40,000!tr43,500

!tc11!tj1!tr44,000

!tc12!tj1!tr45,000!tr50,000

!tc13!tj1!tr45,500!tr50,500

!tc14!tj1!tr46,500!tr51,500

!tc15!tj1!tr47,000!tr52,000

!tc16!tj1!tr48,000!tr52,500!tr52,500

!tc17!tj1!tr48,500!tr53,500!tr53,500

!tc18!tj1!tr49,500!tr54,000!tr54,000

!tc19!tj1!tr50,000!tr54,500!tr54,500

!tc20!tj1!tr51,000!tr55,500!tr55,500

!tc21!tj1!tr51,500!tr56,000!tr56,000

!tc22!tj1!tr52,500!tr56,500!tr56,500

!tc23!tj1!tr53,000!tr57,500!tr57,500

!tc24!tj1!tr54,000!tr58,000!tr58,000

!tc25!tj1!tr54,500!tr58,500!tr58,500

!tc26!tj1!tr55,500!tr59,500!tr59,500

!tc27!tj1!tr56,000!tr60,000!tr60,000

!tc28!tj1!tr57,000!tr60,500!tr61,000!tr61,000

!tc29!tj1!tr57,500!tr61,500!tr62,000!tr62,000

!tc30!tj1!tr58,500!tr62,000!tr63,000!tr63,000

!tc31!tj1!tr59,000!tr62,500!tr64,000!tr64,500

!tc32!tj1!tr60,000!tr63,500!tr65,000!tr65,000

!tc33!tj2!tr64,000!tr66,000!tr66,000

!tc34!tj2!tr64,500!tr67,000!tr67,000

!tc35!tj2!tr65,500!tr68,000!tr68,000

!tc36!tj2!tr66,000!tr69,500!tr69,500

!tc37!tj2!tr66,500!tr70,500!tr70,500

!tc38!tj2!tr67,500!tr72,000!tr72,000

!tc39!tj2!tr68,000!tr72,500!tr72,500

!tc40!tj2!tr68,500!tr73,000!tr73,000

!tc41!tj2!tr69,500!tr73,500!tr73,500

!tc42!tj2!tr70,000!tr74,000!tr74,000

!tc43!tj2!tr70,500!tr75,000!tr75,000

!tc44!tj2!tr71,500!tr75,500!tr75,500

!tc45!tj2!tr72,000!tr76,000!tr76,000

!tc46!tj2!tr72,500!tr76,500!tr80,000!tr80,000

!tc47!tj2!tr73,500!tr77,000!tr81,000!tr81,000

!tc48!tj2!tr74,000!tr78,000!tr82,000!tr82,000

!tc49!tj2!tr74,500!tr78,500!tr83,000!tr83,000

!tc50!tj2!tr75,500!tr79,000!tr84,000!tr84,000

!tc51!tj2!tr76,000!tr80,000!tr84,500!tr85,000

!tc52!tj2!tr76,500!tr80,500!tr85,000!tr86,000

!tc53!tj2!tr77,500!tr81,000!tr86,000!tr87,000

!tc54!tj2!tr78,000!tr81,500!tr86,500!tr88,000!tr91,000!tr91,000

!tc55!tj2!tr78,500!tr82,500!tr87,000!tr89,000!tr92,000!tr92,000

!tc56!tj2!tr79,500!tr83,000!tr87,500!tr90,000!tr93,000!tr93,000

!tc57!tj2!tr80,000!tr83,500!tr88,000!tr91,000!tr94,000!tr94,000

!tc58!tj3!tr84,000!tr89,000!tr92,000!tr95,000!tr95,000

!tc59!tj3!tr85,000!tr89,500!tr93,500!tr96,000!tr96,000

!tc60!tj3!tr85,500!tr90,000!tr95,000!tr97,000!tr97,000

!tc61!tj3!tr86,000!tr90,500!tr95,500!tr98,000!tr98,000

!tc62!tj3!tr87,000!tr91,000!tr96,000!tr99,000!tr99,000

!tc63!tj3!tr87,500!tr92,000!tr97,000!tr100,000!tr100,000

!tc64!tj3!tr88,000!tr92,500!tr97,500!tr101,000!tr101,000

!tc65!tj3!tr88,500!tr93,000!tr98,000!tr102,000!tr102,000

!tc66!tj3!tr89,500!tr93,500!tr98,500!tr103,000!tr103,000

!tc67!tj3!tr90,000!tr94,000!tr99,000!tr104,000!tr104,000

!tc68!tj3!tr90,500!tr95,000!tr99,500!tr105,000!tr105,000

!tc69!tj3!tr91,000!tr95,500!tr100,000!tr105,500!tr105,500

!tc70!tj3!tr92,000!tr96,000!tr101,000!tr105,500!tr105,500

!te@h3@m2 !ixWhen inches are involved: Under six inches take lower, six inches or over take higher. The maximum load on any axle in any group of axles shall not exceed 1.2 times the load given in the above table divided by the number of axles in that group, and shall not exceed the single axle or tandem axle allowance as set forth elsewhere. For considering the number of axles in a group, the front axle of a unit supplying motive power need not be included in the axle group.

The maximum axle and gross weights specified in this section are subject to the braking requirements set up for the service brakes upon any motor vehicle or combination of vehicles as provided by law.

It is unlawful to operate upon the public highways any single unit vehicle, supported upon three axles or more with a gross weight including load in excess of forty thousand pounds or any combination of vehicles having a gross weight in excess of eighty thousand pounds without first obtaining an additional tonnage permit as provided for in RCW 46.44.095: PROVIDED, That when a combination of vehicles has purchased license tonnage in excess of seventy-two thousand pounds as provided by RCW 46.16.070, such excess license tonnage may be applied to the power unit subject to limitations of RCW 46.44.042 and this section when such vehicle is operated without a trailer.

It is unlawful to operate any vehicle upon the public highways equipped with two axles spaced less than seven feet apart, unless the two axles are so constructed and mounted in such a manner as to provide oscillation between the two axles and that either one of the two axles will not at any one time carry more than the maximum gross weight allowed for one axle specified in this section.

Notwithstanding anything contained herein, a vehicle or combination of vehicles in operation on January 4, 1975, may operate upon the public highways of this state, including the interstate system within the meaning of section 127 of Title 23, United States Code, with an overall gross weight upon a group of two consecutive sets of dual axles which was lawful in this state under the laws, regulations and procedures in effect in this state on January 4, 1975.

Sec. 4. Section 46.44.042, chapter 12, Laws of 1961 as amended by section 10, chapter 64, Laws of 1975-'76 2nd ex. sess. and RCW 46.44.042 are each amended to read as follows:

Subject to the maximum gross weights specified in RCW 46.44.041, it is unlawful to operate any vehicle upon the public highways with a gross weight, including load, upon any tire concentrated upon the surface of the highway in excess of ((~~five~~)) six hundred ((~~fifty~~)) pounds per inch width of such tire((, up to a maximum width of twelve inches, and for a tire having a width of twelve inches or more there shall be allowed a twenty percent tolerance above five hundred fifty pounds per inch width of such tire)). For the purpose of this section, the width of tire in case of solid rubber or hollow center cushion tires, so long as the use thereof may be permitted by the law, shall be measured between the flanges of the rim. For the purpose of this section, the width of tires in case of pneumatic tires shall be the maximum overall normal inflated width as stipulated by the manufacturer when inflated to the pressure specified and without load thereon.

Sec. 5. Section 2, chapter 137, Laws of 1965 as last amended by section 3, chapter 278, Laws of 1983 and RCW 46.44.0941 are each amended to read as follows:

The following fees, in addition to the regular license and tonnage fees, shall be paid for all movements under special permit made upon state highways. All funds collected shall be forwarded to the state treasury and shall be deposited in the motor vehicle fund:

!tp1@i2

All overlegal loads, except overweight, single trip!w× !tr$!sc ,0025.00

Continuous operation of overlegal loads having either overwidth or overheight features only, for a period not to exceed thirty days!w× !tr$!sc ,00120.00

Continuous operations of overlegal loads having overlength features only, for a period not to exceed thirty days!w× !tr$!sc ,00110.00

Continuous operation of a combination of vehicles having one trailing unit that exceeds forty-eight feet and is not more than fifty-six feet in length, for a period of one year!w×!tr$100.00

Continuous operation of a combination of vehicles having two trailing units which together exceed ((~~fifty-nine~~)) sixty feet and are not more than sixty-eight feet in length, for a period of one year!w×!tr$100.00

((~~Continuous operation of a truck and trailer not to exceed seventy-five feet overall length that may contain a permanent structure vehicle not in excess of forty-eight feet, for a period of one year!w~~× ~~!tr$!sc ,00160.00~~))

Continuous operation of a three-axle fixed load vehicle having less than 65,000 pounds gross weight, for a period not to exceed thirty days!w× !tr$!sc ,00150.00

Continuous operation of overlegal loads having nonreducible features not to exceed eighty-five feet in length and fourteen feet in width, for a period of one year!w× !tr$150.00

Continuous operation of farm implements under a permit issued as authorized by RCW 46.44.140 by:

@bv!ix!ir10,1!tp1

(1) !ih*,2Farmers in the course of farming activities, for any three-month period!w× !tr$!sc ,00110.00

(2) Farmers in the course of farming activities, for a period not to exceed one year!w× !tr$!sc ,00125.00

(3) Persons engaged in the business of the sale, repair, or maintenance of such farm implements, for any three-month period!w× !tr$!sc ,00125.00

(4) Persons engaged in the business of the sale, repair, or maintenance of such farm implements, for a period not to exceed one year!w× !tr$100.00

!te

!sbOverweight Fee Schedule

!tp1

Weight over total registered

gross weight plus additional

gross weight purchased under

RCW 46.44.095 or

46.44.047, or any !trFee!sc ,1per

other statute authorizing the state !trmile!sc ,1on

department of transportation to issue !trstate!sc ,002

annual overweight permits. !trhighways

!tb !tp6,7,9,9,5,6!sc ,0051-!sc ,0015,999 pounds!w× !tj4!tl$!tr.05

!sc ,0016,000-11,999 pounds!w× !tj4!tl$!tr.10

12,000-17,999 pounds!w× !tj4!tl$!tr.15

18,000-23,999 pounds!w× !tj4!tl$!tr.25

24,000-29,999 pounds!w× !tj4!tl$!tr.35

30,000-35,999 pounds!w× !tj4!tl$!tr.45

36,000-41,999 pounds!w× !tj4!tl$!tr.60

42,000-47,999 pounds!w× !tj4!tl$!tr.75

48,000-53,999 pounds!w× !tj4!tl$!tr.90

54,000-59,999 pounds!w× !tj4!tl$!tr1.05

60,000-65,999 pounds!w× !tj4!tl$!tr1.20

66,000-71,999 pounds!w× !tj4!tl$!tr1.45

72,000-((~~77,999~~))79,999 pounds!w× !tj4!tl$!tr1.70

80,000 pounds or more!w× !tj4!tl$!tr2.00

!te

!ixPROVIDED: (1) The minimum fee for any overweight permit shall be $5.00, (2) the fee for issuance of a duplicate permit shall be $5.00, (3) when computing overweight fees that result in an amount less than even dollars the fee shall be carried to the next full dollar if fifty cents or over and shall be reduced to the next full dollar if forty-nine cents or under.

Sec. 6. Section 23, chapter 64, Laws of 1975-'76 2nd ex. sess. as last amended by section 327, chapter 258, Laws of 1984 and RCW 46.44.105 are each amended to read as follows:

(1) Violation of any of the provisions of RCW 46.44.042, 46.44.047, 46.44.090, 46.44.091, 46.44.095, and 46.44.041, or failure to obtain a permit as provided by RCW 46.44.090 and 46.44.095, or misrepresentation of the size or weight of any load or failure to follow the requirements and conditions of a permit issued hereunder is a traffic infraction, and upon the first finding thereof shall be assessed a basic penalty of not less than fifty dollars; and upon a second finding thereof shall be assessed a basic penalty of not less than seventy-five dollars; and upon a third or subsequent finding shall be assessed a basic penalty of not less than one hundred dollars.

(2) In addition to the penalties imposed in subsection (1) of this section, any person violating RCW 46.44.042, 46.44.047, 46.44.090, 46.44.091, 46.44.095, or 46.44.041 shall be assessed three cents for each pound of excess weight. Upon a first violation in any calendar year, the court may suspend the penalty for five hundred pounds of excess weight for each axle on any vehicle or combination of vehicles, not to exceed a two thousand pound suspension. In no case may the basic penalty assessed in subsection (1) of this section be suspended.

(3) Whenever any vehicle or combination of vehicles is involved in two violations of RCW 46.44.042, 46.44.047, 46.44.090, 46.44.091, 46.44.095, or 46.44.041 during any twelve-month period, the court may suspend the certificate of license registration of the vehicle or combination of vehicles for not less than thirty days. Upon a third or succeeding violation in any twelve-month period, the court shall suspend the certificate of license registration for not less than thirty days. Whenever the certificate of license registration is suspended, the court shall secure such certificate and immediately forward the same to the director with information concerning the suspension.

(4) Any person found to have violated any posted limitations of a highway or section of highway shall be assessed a monetary penalty of not less than one hundred and fifty dollars, and the court shall in addition thereto upon second violation within a twelve-month period involving the same power unit, suspend the certificate of license registration for not less than thirty days.

(5) Any police officer is authorized to require the driver of any vehicle or combination of vehicles to stop and submit to a weighing either by means of a portable or stationary scale and may require that the vehicle be driven to the nearest public scale. Whenever a police officer, upon weighing a vehicle and load, determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable location and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to the limit permitted by law.

Any vehicle whose driver or owner represents that the vehicle is disabled or otherwise unable to proceed to a weighing location shall have its load sealed or otherwise marked by any police officer. The owner or driver shall be directed that upon completion of repairs, the vehicle shall submit to weighing with the load and markings and/or seal intact and undisturbed. Failure to report for weighing, appearing for weighing with the seal broken or the markings disturbed, or removal of any cargo prior to weighing is unlawful. Any person so convicted shall be fined five hundred dollars, and in addition the certificate of license registration shall be suspended for not less than thirty days.

(6) Any other provision of law to the contrary notwithstanding, ((~~justice~~)) district courts having venue have concurrent jurisdiction with the superior courts for the imposition of any penalties authorized under this section.

(7) For the purpose of determining additional penalties as provided by subsection (2) of this section, "excess weight" means the poundage in excess of the maximum gross weight prescribed by RCW 46.44.042 and 46.44.041 plus the weights allowed by RCW 46.44.047, 46.44.091, and 46.44.095.

(8) The penalties provided in subsections (1) and (2) of this section shall be remitted as provided in chapter 3.62 RCW or RCW 10.82.070. For the purpose of computing the basic penalties and additional penalties to be imposed under the provisions of subsections (1) and (2) of this section the convictions shall be on the same vehicle or combination of vehicles within a twelve-month period under the same ownership.

(9) Any state patrol officer or any weight control officer who finds any person operating a vehicle or a combination of vehicles in violation of the conditions of a permit issued under RCW ((~~46.44.037~~)) 46.44.047, 46.44.090, and 46.44.095 may confiscate the permit and forward it to the state department of transportation which may return it to the permittee or revoke, cancel, or suspend it without refund. The department of transportation shall keep a record of all action taken upon permits so confiscated, and if a permit is returned to the permittee the action taken by the department of transportation shall be endorsed thereon. Any permittee whose permit is suspended or revoked may upon request receive a hearing before the department of transportation or person designated by that department. After the hearing the department of transportation may reinstate any permit or revise its previous action.

Every permit issued as provided for in this chapter shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or authorized agent of any authority granting such a permit.

Upon the third finding within a calendar year of a violation of the requirements and conditions of a permit issued under RCW 46.44.095 as now or hereafter amended, the permit shall be canceled, and the canceled permit shall be immediately transmitted by the court or the arresting officer to the department of transportation. The vehicle covered by the canceled permit is not eligible for a new permit for a period of thirty days.

(10) For the purposes of determining gross weights the actual scale weight taken by the arresting officer is prima facie evidence of the total gross weight.

The chief of the state patrol, with the advice of the department, may adopt reasonable rules to aid in the enforcement of this section.